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Manuprasad PM   08 April 2018

Aaked to resign under pregnancy period

Hi,
My sister was asked to resign from job saying the project is not renewed and told that she can take rest for the rest of maternity period and will consider taking back once she is back after delivery.
We believe that this is to avoid maternity expenses during the period. She is working in a IT firm in Bangalore.

May I know legality of this and whether we can legally move against the company.

Expecting your expert advice.

Thanking you,
Manu


Learning

 6 Replies

Ms.Usha Kapoor (CEO)     08 April 2018

  • Increased Paid Maternity Leave: The MB Amendment Act has increased the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks.  Under the MB Amendment Act, this benefit could be availed by women for a period extending up to 8 weeks before the expected delivery date and remaining 18 weeks can be availed post childbirth. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).
  • So  9in order to escape 26 weeksmaternity leave with pay the em0ployers are forcing her to resign. Challenge this in a court o9f law or Law.What the employers are tryingto do is illegal and unjust.
1 Like

Manuprasad PM   08 April 2018

I deeply appreciate the reply you gave Me. Usha Kapoor. May I know how this can be delt pointing out the best loyal points before going to file a case. ?

Kumar Doab (FIN)     08 April 2018

Do you have irrefutable evidence of asking for resignation/giving up employment by resignation…….

(minuted/audio/visual/witnessed/admitted)?

If you wish you may post the EDD!

Has the lady submitted any intimation of pregnancy and EDD?

Has the establishment displayed the Maternity Benefit policy at a conspicuous place in establishment and shared portal?

If yes, do you have copy?

If you wish you may attach the copy..

Before attaching erase all names/logo/insignia/emails/addresses/phone numbers etc etc to maintain confidentiality…..or show to a very able LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters, having successful track record,…………and worth his/her salt… 

Kumar Doab (FIN)     08 April 2018

 

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Manuprasad PM   09 April 2018

She is working in a company in Bangalore in IT Field. She got confirmation letter in last December. She was initially 1 year under contract, then 1 year as Trainee software engineer and after December confirmed to Software engineer.

And to the amuse, she got a notice today officially mentioning that her performance for the last 1 month has been bad. Please find the content of the mail as below

Dear xxxxxxxx,

With regret we would like to inform that we have not got the renewal of the AMC from xxxxxxxx. The client decided not to renew the contract as you are unable to support from client location. As you know that the client coordinator is very particular about on-site support,

xxxxxxxx are not at all happy with the kind of support you are providing. You are well aware about the crisis they are going through. All the issues are getting escalated and xxxxxxxx as a company is loosing credibility which we have built over last 15 years.

They are not even getting timely updates from you. In good faith we have agreed for "Work from Home" but you are not even responding properly to the calls in this crisis situation.This kind of irresponsible behaviour is not expected from a senior resource like you.

Unfortunately we will not be able to continue with you. Kindly treat this as a formal notice. Please note it is a working notice period hence you will have to perform your duties as per the instructions given by your Project Manager.

Regards
xxxxxxxx
Manager-HR

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